bmoni
01-28 06:28 PM
First thing, call one of the high powered attorneys discuss with them what options you have.
I think there is a recent court ruling that will favor you in fighting the USCIS decisions.
This is the first time we're (I'm) seeing such a denial notice related to the recent memo. So who ever thinks this is just a memo or USCIS reiterating existing rules. Rethink your stand. I'm sure more people will wake up soon.
Keep up the hope. Don't wait if possible try to apply for another new H1B.
Thanks for posting the denial notice. I feel your pain. Again don't lose your hope keep up the fight. If you hear any updates please do post them.
I think there is a recent court ruling that will favor you in fighting the USCIS decisions.
This is the first time we're (I'm) seeing such a denial notice related to the recent memo. So who ever thinks this is just a memo or USCIS reiterating existing rules. Rethink your stand. I'm sure more people will wake up soon.
Keep up the hope. Don't wait if possible try to apply for another new H1B.
Thanks for posting the denial notice. I feel your pain. Again don't lose your hope keep up the fight. If you hear any updates please do post them.
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pnara2
11-30 08:51 PM
I have been reading about CIR since last 4 yrs and so far no action has been taken on this topic. Obama administration too is just good at promises! There is virtually no messiah who can help legal immigrants! Time is the only saviour of legal immigrants! So the mantra should be "wait, wait and wait..........."
larryking
10-22 05:50 PM
If I understand the visa bulletin right, EB#3 has 28.6% of the available visa numbers. If this is the case, is the 28.6% of the visas shared equally between the countries? And if they are shared equally between the countries, then do the applications get processed based on the priority date of the applicants for a given country?
I am just trying to understand the sequence of events here.
1. Divide total available visa numbers between EB1, EB2, EB3 etc resulting in 28% of visa numbers for EB3
2. Divide that 28% of numbers from step 1, equally between all the countries including India, China, Mexico and Other countries etc�all getting an equal �X� number of visas.
3. Once divided, start processing applications based on the priority date of the applicants for a given country. Which means, some countries may not be able to fulfill X number of visa numbers as they don�t have that many applicants Vs countries like India and China � their quota of X gets filled up in a hurry creating a back log?
If this sequence is not correct � how else can they end up with unused visa numbers?? What is the importance of priority date?
Thanks,
Larry King
I am just trying to understand the sequence of events here.
1. Divide total available visa numbers between EB1, EB2, EB3 etc resulting in 28% of visa numbers for EB3
2. Divide that 28% of numbers from step 1, equally between all the countries including India, China, Mexico and Other countries etc�all getting an equal �X� number of visas.
3. Once divided, start processing applications based on the priority date of the applicants for a given country. Which means, some countries may not be able to fulfill X number of visa numbers as they don�t have that many applicants Vs countries like India and China � their quota of X gets filled up in a hurry creating a back log?
If this sequence is not correct � how else can they end up with unused visa numbers?? What is the importance of priority date?
Thanks,
Larry King
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karthiknv143
01-02 03:03 PM
Shouldn't be a problem. Infact I have done that. I travelled on H1 in Dec '04 when my H1 was to be expired May 2005. Did not have any problems.
But make sure to consult your lawyer/firm before you travel.
But make sure to consult your lawyer/firm before you travel.
more...
Marphad
12-03 04:30 PM
My wife is not H4, she is working on EAD and we applied her I-485 last July. She has to travel to India for an emegency. We applied for AP last month, have the receipt but it is not approved. Is it okay if she travels to India without AP approval? I will be here and I can take her approved AP when I go there after two months.
I heard that if she travels without AP, her I-485 is considered abonded. Is this true? Can we apply for her H4 (as I am still on H1). Any advice on how to get her back?
Thanks!
I think you should not take this risk. Once you leave the country without AP, the application is considered as revoked as per my reading somewhere. I am trying to find link.
I heard that if she travels without AP, her I-485 is considered abonded. Is this true? Can we apply for her H4 (as I am still on H1). Any advice on how to get her back?
Thanks!
I think you should not take this risk. Once you leave the country without AP, the application is considered as revoked as per my reading somewhere. I am trying to find link.
kumarh1b
01-28 05:16 PM
Can some please advice me how to proceed further Please find the denial notice for your reference. All your inputs means a lot to me. Please help me and guide in proper direction.
on Nov 19,2009, the petitioner responded by submitting a copy of a Contract or consulting Services agreement betwwen the petitioner and another software consulting firm, Company X-Which will further Contract the benificiary's services with other firms needing computer related positions to complete thier projects - to show that the petitioner has work for the beneficiary.
However, without valid contracts between CompanyX and the actual end-client firm ultimately involved with the eneficiary's computer related duties, the evidence does not establish the work to be completed; that the duties to be performed are those of a systems administrator and thus a specialty occupation Position and that the work will be avilable for the beneficiary.
The present record fails to demonstrate the specific duties the beneficiary would perform under contract for petitioners clients.The court in defensorv.meissner,201F.3d 384 (5th cir.2000) held that for purposes of determining whether apreferred positions is a specialty occupation,a petitioner acting ina similar manner as the present petitioner is merely a "token employer", while the entity for which the services are to be performed is the "more relevant employer". the defensor court recognized that evidence of the client companies job requirements is critical where the work to be performed is for an entity other than the petitioner. Accordingly, the court held that the legacy immigration and Naturalization service ( Service now CIS) had reasonably interpreted the Act and regulations to require that a petitioner produce evidence that the proffered position qualifies as a specialty occupation on the basis of the requirements imposed by the entities using the beneficiary's services.
As Such, the petitioner has not established that the duties of the proferred position for the beneficiary require a speciality occupation and that it has sufficient work for the required priod of intended employment. There for the beneficiary is ineligible for classificationas a specialty occupation worker.
Pursuant to INA 291, the burden of the proof in these proceedings rests solely with the petitioner. Here that burden has been met.
Consequently, the petiton is hereby denied.
on Nov 19,2009, the petitioner responded by submitting a copy of a Contract or consulting Services agreement betwwen the petitioner and another software consulting firm, Company X-Which will further Contract the benificiary's services with other firms needing computer related positions to complete thier projects - to show that the petitioner has work for the beneficiary.
However, without valid contracts between CompanyX and the actual end-client firm ultimately involved with the eneficiary's computer related duties, the evidence does not establish the work to be completed; that the duties to be performed are those of a systems administrator and thus a specialty occupation Position and that the work will be avilable for the beneficiary.
The present record fails to demonstrate the specific duties the beneficiary would perform under contract for petitioners clients.The court in defensorv.meissner,201F.3d 384 (5th cir.2000) held that for purposes of determining whether apreferred positions is a specialty occupation,a petitioner acting ina similar manner as the present petitioner is merely a "token employer", while the entity for which the services are to be performed is the "more relevant employer". the defensor court recognized that evidence of the client companies job requirements is critical where the work to be performed is for an entity other than the petitioner. Accordingly, the court held that the legacy immigration and Naturalization service ( Service now CIS) had reasonably interpreted the Act and regulations to require that a petitioner produce evidence that the proffered position qualifies as a specialty occupation on the basis of the requirements imposed by the entities using the beneficiary's services.
As Such, the petitioner has not established that the duties of the proferred position for the beneficiary require a speciality occupation and that it has sufficient work for the required priod of intended employment. There for the beneficiary is ineligible for classificationas a specialty occupation worker.
Pursuant to INA 291, the burden of the proof in these proceedings rests solely with the petitioner. Here that burden has been met.
Consequently, the petiton is hereby denied.
more...
newbee7
04-12 02:48 PM
If I were you, I would send a letter with the facts. I do not see a downside to this. On the upside, if the employer decides to settle you could potentially get some of your money back.
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BMS1
08-21 12:06 PM
Congrats.
Which service center did you applied to. I have similar PD (8/22/05) and EB2 NIW at TSC.
Thanks. Applied at VSC and got transferred to TSC. Actually my PD was 09/29/2005.
Which service center did you applied to. I have similar PD (8/22/05) and EB2 NIW at TSC.
Thanks. Applied at VSC and got transferred to TSC. Actually my PD was 09/29/2005.
more...
DallasBlue
07-13 11:42 AM
How about " Thank you USCIS " banners ?:confused:
dont forget to get your watter bottles.
dont forget to get your watter bottles.
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chanduv23
11-10 04:03 PM
WOW...its amazing to see how a simple thing (in my opinion) like volunteering can be such a big deal.
While it is legal to work on a L-4 why are H-4s not allowed to work? Beats me!
yes - unfortunately that's how it is. The simple funda is "never work for free". it is a competitive and exploitative world - I have seen so many people working as volunteers coming as contractors for 2 months , 3 months work - they get hired by unscrupulous managers who want to get work done for free. They are promised employment after 3 months contract and all sweet words ... this happens in big companies too - they will use and throw you to keep their job. Many a time they may not even acknowledge that you were there.
Keep looking for a job and work hard towards a job - you will definitely get one.
While it is legal to work on a L-4 why are H-4s not allowed to work? Beats me!
yes - unfortunately that's how it is. The simple funda is "never work for free". it is a competitive and exploitative world - I have seen so many people working as volunteers coming as contractors for 2 months , 3 months work - they get hired by unscrupulous managers who want to get work done for free. They are promised employment after 3 months contract and all sweet words ... this happens in big companies too - they will use and throw you to keep their job. Many a time they may not even acknowledge that you were there.
Keep looking for a job and work hard towards a job - you will definitely get one.
more...
sareesh
11-18 05:15 PM
Hello enggr,
I might have the same problem.
where you able to convert to EB3?
Please let me know.
Thanks,
SG
I might have the same problem.
where you able to convert to EB3?
Please let me know.
Thanks,
SG
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swissgear
06-24 11:15 AM
http://online.wsj.com/article/SB10001424052748703900004575325412638269010.html#a rticleTabs%3Darticle
Date : June 23 2010
By MICHAEL HOWARD SAUL
Mayor Michael Bloomberg will launch Thursday a coalition of mayors and business leaders to advocate for an overhaul of the nation's immigration policy, including legalizing undocumented immigrants and more strictly fining businesses that hire illegal workers.
"Our immigration policy is national suicide," Mr. Bloomberg said at a forum in Midtown Wednesday. "We educate the best and the brightest and then we don't give them a green card—we want people to create jobs but we won't let entrepreneurs from around the world come here."
During his latest inaugural address, Mr. Bloomberg vowed to push to rework the nation's immigration laws in the same way that he waged battle against illegal guns. This effort will be a cornerstone of the mayor's third-term agenda, aides said.
The coalition, the Partnership for a New American Economy, supports developing a secure system for employers to verify employment eligibility and strict penalties for businesses that fail to comply. The group wants to increase opportunities for immigrants to enter the workforce and for foreign students to stay in the country.
The group will advocate for securing the nation's borders and beefing up enforcement to prevent illegal immigration. The coalition supports establishing a legal path for the millions of undocumented immigrants living in the country now.
To effect decision-making in Washington, the group will issue research reports on the economic impact of immigration, poll public opinion, sponsor forums and potentially launch a media campaign. Mr. Bloomberg, a multibillionaire, is expected to provide financial support for the group's activities, as he has with his gun group.
One City Hall official said the coalition will try to focus on immigration as a "dollar and cent issue," advocating that open borders help keep the U.S. more competitive.
President Obama has pledged to champion changes to federal immigration policy, but this spring said lawmakers "may not have an appetite" for a grueling debate on immigration this year.
In addition to Mr. Bloomberg, the co-chairs include Mayor Phil Gordon of Phoenix; Mayor Antonio Villaraigosa of Los Angeles; Mayor Michael Nutter of Philadelphia; Mayor Julian Castro of San Antonio; Mark Hurd, CEO of Hewlett-Packard; Robert Iger, CEO of the Walt Disney Co.; J.W. Marriott Jr., CEO of Marriott International; Jim McNerney Jr., CEO of Boeing; and Rupert Murdoch, CEO of News Corp., which owns The Wall Street Journal.
Date : June 23 2010
By MICHAEL HOWARD SAUL
Mayor Michael Bloomberg will launch Thursday a coalition of mayors and business leaders to advocate for an overhaul of the nation's immigration policy, including legalizing undocumented immigrants and more strictly fining businesses that hire illegal workers.
"Our immigration policy is national suicide," Mr. Bloomberg said at a forum in Midtown Wednesday. "We educate the best and the brightest and then we don't give them a green card—we want people to create jobs but we won't let entrepreneurs from around the world come here."
During his latest inaugural address, Mr. Bloomberg vowed to push to rework the nation's immigration laws in the same way that he waged battle against illegal guns. This effort will be a cornerstone of the mayor's third-term agenda, aides said.
The coalition, the Partnership for a New American Economy, supports developing a secure system for employers to verify employment eligibility and strict penalties for businesses that fail to comply. The group wants to increase opportunities for immigrants to enter the workforce and for foreign students to stay in the country.
The group will advocate for securing the nation's borders and beefing up enforcement to prevent illegal immigration. The coalition supports establishing a legal path for the millions of undocumented immigrants living in the country now.
To effect decision-making in Washington, the group will issue research reports on the economic impact of immigration, poll public opinion, sponsor forums and potentially launch a media campaign. Mr. Bloomberg, a multibillionaire, is expected to provide financial support for the group's activities, as he has with his gun group.
One City Hall official said the coalition will try to focus on immigration as a "dollar and cent issue," advocating that open borders help keep the U.S. more competitive.
President Obama has pledged to champion changes to federal immigration policy, but this spring said lawmakers "may not have an appetite" for a grueling debate on immigration this year.
In addition to Mr. Bloomberg, the co-chairs include Mayor Phil Gordon of Phoenix; Mayor Antonio Villaraigosa of Los Angeles; Mayor Michael Nutter of Philadelphia; Mayor Julian Castro of San Antonio; Mark Hurd, CEO of Hewlett-Packard; Robert Iger, CEO of the Walt Disney Co.; J.W. Marriott Jr., CEO of Marriott International; Jim McNerney Jr., CEO of Boeing; and Rupert Murdoch, CEO of News Corp., which owns The Wall Street Journal.
more...
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53885
05-14 07:53 PM
They dont want to loose visa numbers for this year. 2 years movement guarantees that those eligible can file 485 & EAD. If next month USCIS receives 50,000 applications the dates could move back.
It was a quite surprise to me. Almost more than a year EB3 did not move for more than a month all of a sudden it moved 2 years..
It was a quite surprise to me. Almost more than a year EB3 did not move for more than a month all of a sudden it moved 2 years..
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willgetgc2005
02-14 05:19 PM
Berkeleybee
On a similar note, please see what the President had to say yesterday. These are softer issues, but will help us.
Pls see the link.
http://in.rediff.com/money/2006/feb/14nri.htm
NRI picks top US tech award for Motorola
Aziz Haniffa in Washington, DC | February 14, 2006
Padmasree Warrior, executive vice president and chief technology officer, Motorola, and the driving force behind the company's recent growth and innovative successes, accepted the 2004 National Medal of Technology Award from President George W Bush on behalf of her company at a ceremony in the East Room of the White House on February 13.
Warrior is also responsible for the success of Motorola Labs, the global software group and emerging early-stage businesses of the company. Her operational responsibilities include leading a global team of 4,600 technologists, prioritising technology programmes, creating value from intellectual property, guiding creative research from innovation through early-stage commercialisation, and influencing standards and roadmaps.
She also serves as a technology advisor to the office of the chairman and to the board's technology and design steering committee.
The prestigious National Medal of Technology annual award recognised Motorola for its outstanding contributions to America's technological innovation and competitiveness.
Established in 1980 by an Act of US Congress, this is the highest honour awarded by the President to America's leading innovators.
Ed Zander, Motorola chairman and chief executive officer, said, "All of us at Motorola are honoured to receive the National Medal of Technology from the President."
"This award belongs not only to the talented employees of today but to the several generations of Motorolans who built our heritage of innovation. Given this heritage, we strongly support the President's plan to keep America the world's most competitive and innovative nation," he added.
Warrior has been with Motorla since 1994 and is an alumnus of the Indian Institute of Technology, Delhi (from where she received her bachelor of science degree in chemical engineering). She then obtained her master of science degree in chemical engineering from Cornell University.
"We applaud the Administration for proposing increased investments in R&D, in particular for the National Institute of Standards & Technology (NIST) at Commerce and the National Science Foundation," said Warrior.
"From convergence to mobile Internet to nanotechnology, we must educate, excite and inspire our nation's children about science, technology, engineering and mathematics," she said.
In an interview with rediff.com, immediately after accepting the award, Warrior said, "It's a great honour, I feel really humbled, and I feel very happy for all of our engineers worldwide, because the award is really theirs."
She said being in the company of several other leading scientists and technologists who were also awarded the National Medical of Science and the National Medal of Technology Award, "who made these great breakthroughs in the fields of science and technology was very inspiring to me to be amongst of the company of these people."
Warrior said while giving her the medal at the awards ceremony and also preceding the ceremony "he (President Bush) talked quite a lot to me and asked me if I was from India and I said, 'Yes, I came to the US on a student visa to go to graduate school and then stayed here.' And he said 'we need more people like you. We need more talented people from around the world to come and contribute and help our economy grow and build our innovative strengths to be competitive.'"
She said Bush had also told her that he was looking forward to his visit to India. "He said, 'I am going to India in a couple of weeks and I'll be meeting once again with my good friend, Prime Minister Manmohan Singh.'"Bush in his remarks before presenting the National Medals of Science and Technology, declared, "It is a honour to be in the company of so many bright and distinguished Americans. Each of our honorees has been blessed with talent, and each has used their talent to the fullest."
"The work we honour today has improved the lives of people everywhere. It has helped to move our economy forward and it has helped to make sure that America is the leader of innovation in our world. The medals are our nation's way of expressing gratitude to gifted and visionary citizens."
Bush said that these annual awards "are the highest award a President can bestow for astounding achievement in science and technology. They recognise work that has helped expand the horizons of human knowledge. The National Medal of Science honors those whose research has enhanced our understanding of life and the world around us. And the National Medal of Technology recognises innovators whose work keeps America on the cutting edge with discoveries that change the way we live."
On a similar note, please see what the President had to say yesterday. These are softer issues, but will help us.
Pls see the link.
http://in.rediff.com/money/2006/feb/14nri.htm
NRI picks top US tech award for Motorola
Aziz Haniffa in Washington, DC | February 14, 2006
Padmasree Warrior, executive vice president and chief technology officer, Motorola, and the driving force behind the company's recent growth and innovative successes, accepted the 2004 National Medal of Technology Award from President George W Bush on behalf of her company at a ceremony in the East Room of the White House on February 13.
Warrior is also responsible for the success of Motorola Labs, the global software group and emerging early-stage businesses of the company. Her operational responsibilities include leading a global team of 4,600 technologists, prioritising technology programmes, creating value from intellectual property, guiding creative research from innovation through early-stage commercialisation, and influencing standards and roadmaps.
She also serves as a technology advisor to the office of the chairman and to the board's technology and design steering committee.
The prestigious National Medal of Technology annual award recognised Motorola for its outstanding contributions to America's technological innovation and competitiveness.
Established in 1980 by an Act of US Congress, this is the highest honour awarded by the President to America's leading innovators.
Ed Zander, Motorola chairman and chief executive officer, said, "All of us at Motorola are honoured to receive the National Medal of Technology from the President."
"This award belongs not only to the talented employees of today but to the several generations of Motorolans who built our heritage of innovation. Given this heritage, we strongly support the President's plan to keep America the world's most competitive and innovative nation," he added.
Warrior has been with Motorla since 1994 and is an alumnus of the Indian Institute of Technology, Delhi (from where she received her bachelor of science degree in chemical engineering). She then obtained her master of science degree in chemical engineering from Cornell University.
"We applaud the Administration for proposing increased investments in R&D, in particular for the National Institute of Standards & Technology (NIST) at Commerce and the National Science Foundation," said Warrior.
"From convergence to mobile Internet to nanotechnology, we must educate, excite and inspire our nation's children about science, technology, engineering and mathematics," she said.
In an interview with rediff.com, immediately after accepting the award, Warrior said, "It's a great honour, I feel really humbled, and I feel very happy for all of our engineers worldwide, because the award is really theirs."
She said being in the company of several other leading scientists and technologists who were also awarded the National Medical of Science and the National Medal of Technology Award, "who made these great breakthroughs in the fields of science and technology was very inspiring to me to be amongst of the company of these people."
Warrior said while giving her the medal at the awards ceremony and also preceding the ceremony "he (President Bush) talked quite a lot to me and asked me if I was from India and I said, 'Yes, I came to the US on a student visa to go to graduate school and then stayed here.' And he said 'we need more people like you. We need more talented people from around the world to come and contribute and help our economy grow and build our innovative strengths to be competitive.'"
She said Bush had also told her that he was looking forward to his visit to India. "He said, 'I am going to India in a couple of weeks and I'll be meeting once again with my good friend, Prime Minister Manmohan Singh.'"Bush in his remarks before presenting the National Medals of Science and Technology, declared, "It is a honour to be in the company of so many bright and distinguished Americans. Each of our honorees has been blessed with talent, and each has used their talent to the fullest."
"The work we honour today has improved the lives of people everywhere. It has helped to move our economy forward and it has helped to make sure that America is the leader of innovation in our world. The medals are our nation's way of expressing gratitude to gifted and visionary citizens."
Bush said that these annual awards "are the highest award a President can bestow for astounding achievement in science and technology. They recognise work that has helped expand the horizons of human knowledge. The National Medal of Science honors those whose research has enhanced our understanding of life and the world around us. And the National Medal of Technology recognises innovators whose work keeps America on the cutting edge with discoveries that change the way we live."
more...
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pbojja
03-18 04:59 PM
Sorry but little confused .
Did you apply the GC with the company you are working for now? If so why do you want to change Employer before I140 is approved .
If you change the company and if there is a query on your 140 you are back to square1 .
I would recommend you work on I140 approval , as amit suggested contact your senator
Did you apply the GC with the company you are working for now? If so why do you want to change Employer before I140 is approved .
If you change the company and if there is a query on your 140 you are back to square1 .
I would recommend you work on I140 approval , as amit suggested contact your senator
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gc_in_30_yrs
11-12 11:27 AM
Hi Gurus,
It's amazing to see all the good work here! Please keep it up.
My question is:
I graduated with a Master's (MBA) from US in Dec. 06, have H1B approved from Oct. 1st 2007, through Comp. A (consultant). However, I have never worked with Comp. A, as they couldn't secure a project for me. Now, Comp. B has come forward to possibly hire me (non-consultant). How do I get my H1B transferred without the pay stubs, considering that Comp. B is a non-consulting company, and would need a very smooth transfer?
it depends on USCIS officer. i had a good lawer when I applied for h1b transfer. i got stuck for one 15 days paycheck. eventually it is cleared after submitting the paper work. having good lawer is not enough. depends on your luck or USCIS officer also :)
It's amazing to see all the good work here! Please keep it up.
My question is:
I graduated with a Master's (MBA) from US in Dec. 06, have H1B approved from Oct. 1st 2007, through Comp. A (consultant). However, I have never worked with Comp. A, as they couldn't secure a project for me. Now, Comp. B has come forward to possibly hire me (non-consultant). How do I get my H1B transferred without the pay stubs, considering that Comp. B is a non-consulting company, and would need a very smooth transfer?
it depends on USCIS officer. i had a good lawer when I applied for h1b transfer. i got stuck for one 15 days paycheck. eventually it is cleared after submitting the paper work. having good lawer is not enough. depends on your luck or USCIS officer also :)
more...
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girishvar
09-17 07:25 PM
Being a consular processing 6 months is a goog time. If you are already working for your existing employer for more than 6 months, even on H1 then you can take a risk. Basically you need to prove an intent. No body expects anyone needs to be a slave to any employer.
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Jeff Wheeler
11-30 01:11 AM
why would flash people move on to flex ? That makes no sense at all.
Either you have no idea what you're talking about, or you think you do, but you really don't.
Is this directed at me?
Either you have no idea what you're talking about, or you think you do, but you really don't.
Is this directed at me?
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reddyram
07-18 12:46 PM
First of consult some American Lawyer who is close to labor law , because even lawyers act at times with some point of interest , which need not be yours . There is no such thing as a "bond" in US ( Unless you are on L1 ) so to BOMK , you are fine.
thomachan72
09-13 12:02 PM
I appreciate the original post. I also request the moderators to come up IMMEDIATELY with strict rules and regulations for posting on this website. Posts that go against the principles that IV stands for should be IMMEDIATELY deleted. We dont need such posts here. This is not about EB3 or EB2. Given that the backlog for EB3 is bigger than EB2 we are seeing great deal of frustration among our folks but we have to approach this issue carefully. The question is, have we specifically aimed at getting anything for any spefic catagory? the answer is NO. I believe most of the administrators including pappu and previous guys were EB3. whether a person applies in EB3 or EB2 depends entirely on the job specifications and not the qualifications also since lot of the software jobs currently fall under specifications for EB3 we are seeing lot more applicants in EB3. I however believe that once we get through the next couple of years there is certainly going to be a faster movement in all catagories. Meanwhile we have to stand united and not allow FALSE prophets to post hate on this site. The poster you are refering to is CLEARLY A COMPLETE FRAUD. look at his/her language and how many of our members have you ever noticed to use such language. Even our most angry members never use such words so ELOQUENTLY!!! He/she is apparently a person who has lost a job and is angry about immigration as a whole and takes pride in posting such material on immigration related websites. So our members should immediately take notice of such posts and either ignore them or report them to the moderators.
meridiani.planum
02-28 03:46 PM
Can anybody please help in answering below questions on my case? I really appreciate your help. This is urgent for me.
#1: I am working for Company A (current company). My GC processing details (with current company):
1. Labor Approved.
2. I-140 Approved with priority date of Aug 2006 (Category -EB2)
3. I-485 - NOT filed
#2: I am on 6th year of H1-B. My current H1-B is valid till Jan 29, 2011 (less than 365 days from today).
I want to change job and join Company B (new company) for excellent offer and life long stability.
As per my understanding, for continuous H1-B extension & GC approval on existing priority date, I must stay with existing company(A). But attorney of new company(B) is saying he will be able to handle my H1-B extension and may be able to save my priority date also by filing new PERM & I-140. I am not sure whether attorney of new company(B) is correct or not. Can anybody please help in answering below questions?
Ques : If new company(B) transfers H1-B and USCIS will grant H1-B for 3 years based on approved I-140 with current company(A):
A. Can USCIS revokes extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?
A. The validity of the extended H1 if the underlying I-140 is revoked is also more or less ok: almost all lawyers say a revoke does not matter (even lawyers from a couple of the top immigration law firms in the country that I had spoken when I was in that same boat a couple of years ago) . Some say because regulations are unclear, the USCIS could in theory decide suddenly that the H1 is not valid, but even they have never heard of this really happening. They say the law leaves a possiblity of this open by being unclear.
B. yes, new company can start another PERM
C. yes, new company can transfer PD even if the I-140 Is revoked. The USCIS has thus far taken a position that PD porting is not possible only if the I-140 was revoked by USCIS because of fraud by the previous employer. 'Normal' revoking has not made a difference.
#1: I am working for Company A (current company). My GC processing details (with current company):
1. Labor Approved.
2. I-140 Approved with priority date of Aug 2006 (Category -EB2)
3. I-485 - NOT filed
#2: I am on 6th year of H1-B. My current H1-B is valid till Jan 29, 2011 (less than 365 days from today).
I want to change job and join Company B (new company) for excellent offer and life long stability.
As per my understanding, for continuous H1-B extension & GC approval on existing priority date, I must stay with existing company(A). But attorney of new company(B) is saying he will be able to handle my H1-B extension and may be able to save my priority date also by filing new PERM & I-140. I am not sure whether attorney of new company(B) is correct or not. Can anybody please help in answering below questions?
Ques : If new company(B) transfers H1-B and USCIS will grant H1-B for 3 years based on approved I-140 with current company(A):
A. Can USCIS revokes extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?
A. The validity of the extended H1 if the underlying I-140 is revoked is also more or less ok: almost all lawyers say a revoke does not matter (even lawyers from a couple of the top immigration law firms in the country that I had spoken when I was in that same boat a couple of years ago) . Some say because regulations are unclear, the USCIS could in theory decide suddenly that the H1 is not valid, but even they have never heard of this really happening. They say the law leaves a possiblity of this open by being unclear.
B. yes, new company can start another PERM
C. yes, new company can transfer PD even if the I-140 Is revoked. The USCIS has thus far taken a position that PD porting is not possible only if the I-140 was revoked by USCIS because of fraud by the previous employer. 'Normal' revoking has not made a difference.
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